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2025 DAILYLAW 138393 (ALL)

AKHILESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/3862/2025 · 2025-05-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26198 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3862 of 2025 Applicant :- Akhilesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Apoorv Srivastava,Aakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Apoorv Srivastava, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0494 of 2024, under Sections 498-A and 304-B I.P.C. and Section 3/4 D.P. Act, registered at Police Station Kotwali City, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.08.2024 against seven persons, including the applicant, his father, mother, brothers, sister and sister in law, stating that the informant had got his daughter married to the applicant on 19.06.2020; all the accused persons used to harass her for demanding dowry; they had ousted her from her matrimonial home; the informant had given an application to the police on 01.06.2023 and a settlement was entered into between the parties on 27.07.2023 where after the informant arranged an accommodation for the applicant. Two months thereafter, the applicant went away to live with his family members and due to this reason, the informant's daughter consumed poison at about 4 p.m. on 12.05.2024. 4. The postmortem examination report mentions two contusions on left side of upper arm and the cause of death could not be ascertained. Organochloro insecticide has been found in viscera examination. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case. Applicant's involvement in another case has been disclosed in para-19 of the affidavit filed in support of the bail application in which he has already been enlarged on bail. 6. Applicant's mother- Ramvati and father- Ram Mahesh have already been enlarged on bail by this Court by means of orders dated 04.03.2025 and 11.03.2025 passed in Criminal Misc. Bail Application Nos. 1912 of 2025 and 2074 of 2025 respectively. 7. The other accused persons have been exonerated by the investigating officer. 8. The learned Additional Government Advocate has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been filed against the applicant and his parents on 12.02.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that admittedly the victim was living away from the applicant with her parents when the incident took place; that although the allegations levelled against all the accused persons are similar, the allegations levelled against four accused persons could not be established during investigation; that two other accused persons have already been enlarged on bail and I am of the view that the applicant is also entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Akhilesh Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. [Subhash Vidyarthi, J.] Order Date :- 6.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench